(1) The State Electrical Board adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

(1) The State Electrical Board adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

(1) The State Electrical Board adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

(1) "Journeyman level experience" is defined in 37-68-102, MCA. While serving an apprenticeship, hours of experience are not considered journeyman level experience.

(2) "Legally obtained" means obtained in accordance with the laws and rules of the jurisdiction in which an applicant obtained the experience and within the statutes and rules of the Montana State Electrical Board.

(3) "Limited electrical contractor" means a Montana-licensed electrical contractor limited to residential construction consisting of less than five living units in a single structure.

(4) "Montana State Electrical Code" means those sections and amendments of the National Electrical Code adopted by the Department of Labor and Industry's Building Standards Program.

(5) "National Electric Code" (NEC) means the code promulgated by the National Fire Protection Association, as amended and revised, adopted by the Department of Labor and Industry's Building Standards Program, and enforced by the board to set standards for electrical practice.

(6) "Responsible electrician" means the Montana-licensed electrician engaged in a full-time capacity, who is responsible for all licensed electrical work performed by the electrical contractor.

(7) "Unlimited electrical contractor" means a Montana-licensed electrical contractor that is licensed to perform electrical work on commercial, residential, industrial, and institutional electrical installations as covered by the national electrical code.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(2) A pioneer electrician certificate is not a license and does not permit the holder of said certificate to act as a licensed electrical contractor, master, journeyman or residential electrician.

(3) Pioneer electrician certificates will be issued at the discretion of the State Electrical Board.

(1) Examination fees are set by the testing agency and vary by examination. Contact the board office for a current schedule of test section fees. Fees are to be paid directly to the testing agency upon the board's approval of an application.

(a) Examination review fee $100

(b) Examination administered by the board 200

(2) Application fee for a license by examination (includes original license fee) 190

(3) Contractor - original license fee 210

(4) Renewal fee (two years)

(a) Contractor 210

(b) Master 140

(c) Journeyman 140

(d) Residential 140

(5) Application by endorsement or reciprocity (includes original license fee) 190

(6) CE Provider application fee 25

(7) CE Provider course fee 10

(8) Temporary permit 50

(9) Fees are nonrefundable.

(10) Additional standardized fees are specified in ARM 24.101.403.

This rule has been repealed.

(1) An active temporary practice permit allows an applicant to perform work while employed by a licensed electrical contractor.

(2) A temporary practice permit issued to an applicant for an electrician license shall expire 90 days from the date of issuance or upon receipt of licensure examination results. If an applicant's temporary practice permit expires before the date of the applicant's scheduled examination, the department may, on a case-by-case basis, extend an applicant's temporary practice permit.

(3) A temporary practice permit does not allow an individual to act as a responsible electrician for a licensed electrical contractor.

(4) A second temporary practice permit may be issued to a person who fails the first license examination as provided in 37-68-311, MCA. Applicants who fail a residential or journeyman-level exam with a score of 64 percent or less are not eligible for a second temporary practice permit. Applicants who fail a master-level examination with a score of 69 percent or less are not eligible for a second temporary practice permit.

(1) An applicant shall have one year from the date of board approval to take and pass the examination for which the application was approved. If the examination is not taken and passed within that one-year period, the applicant must submit a new application and pay the applicable fees.

(2) The examination for the residential, journeyman's, or master's license may be administered and graded by a third party. The examination passing grade for residential and journeyman-level examinations is 70 percent. The examination passing grade for master-level examinations is 75 percent.

(3) An applicant who fails any examination for which the application was made, may, upon the payment of the appropriate fee, take the next scheduled examination. However, if the applicant fails the exam a second time, the applicant must provide proof of having attended at least one eight-hour electrical code seminar approved by the board, since the initial failure to pass.

(4) An applicant who fails the master or journeyman examination two or more times may apply for and take a lower-level licensing examination.

(5) All examinations are open book. Allowed materials may have the applicant's highlights, underlining, and notes. Applicants may only use the following allowed materials during the exam:

(a) an NEC code book applicable to the examination being given (tabs or indexes may be used in the book);

(b) a silent, nonprinting, nonprogrammable calculator that is not designed for preprogrammed electrical calculations (e.g., "Electrical Estimate Pal" is not allowed);

(c) copies of the Montana statutes and rules relating to electricians; and

(d) "Printreading," by David L. Hittinger, based on the applicable NEC code.

(6) An applicant for an examination who, due to a disability, requires reasonable accommodation(s) in examination procedures, must submit a written request to the board office for the specific accommodation needed, at least 15 days prior to the scheduled exam.

(7) Any applicant who takes an examination, whether the applicant passes or fails the examination, may contact the department to request their specific test score.

(8) Any applicant who takes an examination and does not pass the examination may contact the department to request a review of the examination.

(a) The board will not modify examination results unless the applicant presents clear and convincing evidence of error in the grading of the examination.

(b) The board will not consider any challenge to examination grading unless the total of the potentially revised score would result in a passing score.

(9) A request for rescoring of an application must be made in writing to the board office and received within 20 days of the date of the examination and must request a rescore of the examination.

(a) The candidate will be allowed two hours to review the examination and must identify the challenged examination questions and state specifically why the results should be modified, pursuant to the NEC and/or Montana statutes and rules supporting the applicant's position.

(b) The board will review the examination and the applicant's justification at the next regularly scheduled board meeting and notify the applicant in writing of the board's decision.

(10) Any applicant determined by the board to be cheating on an examination or using inappropriate material/equipment during an examination will fail and be required to wait at least one year before reapplying for licensure and before being allowed to reexamine. 

(1) The board may, on a case-by-case basis, enter into a reciprocity agreement with another state or jurisdiction whose requirements are substantially equivalent or greater than the standards of this state for purposes of issuing a license.

(2) The board shall issue a license by endorsement to an applicant provided that the applicant:

(a) files a completed application with the required fees; and

(b) holds a current, valid license in good standing to practice in the category applied for in another state or jurisdiction.

(3) A license that was issued by a city, county, or other similar municipality will not be considered for licensure by reciprocity or endorsement.

(1) An applicant for an original license or renewal of an electrical contractor license shall submit a completed application, appropriate fees, and shall affirm compliance with the following:

(a) the Workers' Compensation Act, worker's compensation coverage as required under 39-71-101, MCA, et seq.; and

(b) the Unemployment Insurance Law, unemployment insurance coverage as required under 39-51-101, MCA, et seq.

(2) The board shall issue a limited electrical contractor license to an applicant who submits the required documentation listed in (1) above and designates as the responsible electrician, a licensed journeyman, on a form prescribed by the board.

(3) The board shall issue an unlimited electrical contractor license to an applicant who submits the required documentation listed in (1) above and designates as the responsible electrician, a licensed master, on a form prescribed by the board.

(4) An owner of an unlimited electrical contracting business not licensed as a master electrician, must employ a master electrician on a full-time basis. No holder of a master electrician's license shall be named as the responsible electrician for more than one unlimited electrical contractor.

(5) An owner of a limited electrical contracting business not licensed as a journeyman electrician shall employ a journeyman electrician on a full-time basis. No holder of a journeyman electrician's license may be named as the responsible electrician for more than one electrical contractor.

(6) A responsible electrician who leaves the employment of a licensed electrical contractor, for whatever reason, must provide written notification to the board office of that fact, within ten working days. The licensed electrical contractor must provide the board office within ten working days, on a prescribed form, of the change of responsible electrician. Failure to name another responsible electrician within ten working days shall be cause for suspension of the electrical contractor license and cause for revocation.

(7) A licensed master or journeyman electrician, in the case of residential construction, may be relieved from further responsibility under any application or permit if the electrician has left or been discharged from the employment of an electrical contractor or owner, provided the electrician sends a notice in writing to that effect within ten working days to the state electrical board and the state or local building code enforcement entity, whichever is applicable.

This rule has been repealed.

This rule has been repealed.

(1) Nonroutine applications must be reviewed and approved by the board before a license may be issued. The board incorporates the definitions and procedures for routine and nonroutine applications in ARM 24.101.402 by reference.

(2) The board incorporates the procedures for processing applications from applicants with criminal convictions in ARM 24.101.406 by reference.

This rule has been repealed.

(1) For applicants seeking a journeyman electrician license, a maximum of 50 percent of the practical experience may be residential in nature. The balance must be either commercial, industrial, institutional, or a combination thereof.  

(2) For all applicants seeking a master electrician license, the practical and journeyman level experience must be either commercial, residential, industrial, institutional, or a combination thereof.  No more than 50 percent of the practical or journeyman level experience may be obtained by residential work.

This rule has been repealed.

(1) Sixteen hours of continuing education must be obtained during the renewal cycle. A minimum of eight hours must cover NEC updates. 

(a) New graduates of approved apprenticeship programs are exempt from the continuing education requirement for the first renewal cycle.

(b) Licensees advancing from journeyman or residential to a higher level of licensure are not exempt from completing the required hours of continuing education.

(2) Licensees are responsible for maintaining records of completion and submitting certificates to the department upon request. 

(a) Course completion certificates shall contain the licensee's name, the course title, the date, and a breakdown of the course content (NEC or industry) by credit hour.

(b) The department may perform a random audit of licensees' continuing education hours at any time. The department shall determine the percentage to audit based on a statistically relevant sampling of the total number of licensees and the compliance rate of past audits.

(c)  Basic electric courses or apprentice-level courses are not accepted for continuing education credit.

(3) The department, on behalf of the board, maintains a list of approved continuing education courses.  The department shall review and approve continuing education courses and issue an approval number to the course.  To gain approval, the department shall verify the following:

(a) the course addresses NEC updates or other subjects related to the industry by credit hour;

(b) the course certificate meets the requirements of (2)(a);

(c) the course instructor is a Montana-licensed journeyman or master electrician or the instructor has substantially equivalent credentials; and

(d) the licensees' course participation is verifiable online within 30 days of course completion.

(4) The board shall honor continuing education courses approved by a state which has a reciprocal licensing agreement with the board, or if the department determines that the state's courses are substantially equivalent to the courses approved in this state. The course approval number, date of course, and credit breakdown must appear on the completion certificate.

(1) Failure by a licensee of the following is considered unprofessional conduct:

(a) Electrical contractors shall have their contractor's license posted at their place of business.

(b) A licensed residential electrician shall perform work only in the employment of a licensed electrical contractor. A licensed residential electrician shall perform work only on residential construction consisting of less than five living units in a single structure.

(c) A licensed journeyman or master electrician who is not the responsible electrician for a licensed electrical contractor shall perform work only in the employment of a licensed electrical contractor.

(d) The responsible electrician of a licensed electrical contractor shall not allow any person to perform electrical work unless properly licensed or working with a valid temporary practice permit.

(e) The responsible electrician of a licensed electrical contractor is responsible for timely obtaining any permit or inspection required by the state of Montana or the state or local building code enforcement entity and is responsible for ensuring that the work performed meets the requirements of the state of Montana and the National Electrical Code.

(f) A licensee shall correct violations of the Montana State Electrical Code as adopted by the Department of Labor and Industry's Building and Commercial Measurements Bureau, after having received proper notice and adequate time to do so, as determined by the inspector involved in light of the seriousness of the violation(s) and other similarly relevant considerations.

(g) A licensee shall comply with all relevant laws under Title 39, MCA. Any adjudication by the court or agency having jurisdiction of a violation of any workers' compensation, unemployment insurance, or independent contractor law in Montana while engaged in the electrical trade is unprofessional conduct.

(h) A licensee shall provide the board verification of an employee's hours worked in the employ of the licensee when the request for verification is made for purposes of licensure.

(2) A licensee's commission of any act of sexual abuse, sexual misconduct, or sexual exploitation, whether or not it is related to the licensee's practice, is considered unprofessional conduct.

(3) A licensee's failure to respond to board inquiry or furnish information requested by the board, department investigators, or board representatives is considered unprofessional conduct.

(1) The board authorizes the department to: 

(a) administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) through (e), MCA; or

(b) file a complaint pertaining to the deficiencies in (1) that are based on repeated or egregious conduct, or that have co-occurring misconduct allegations that directly implicate public safety and may warrant formal disciplinary action.

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law or the department's licensee lookup and license verification databank.

This rule has been repealed.

This rule has been repealed.

(1) The board chair shall assign board members to the screening panel and the adjudication panel. The board chair may replace or reassign panel members, but the panels must be divided as follows:  

(a)  The screening panel shall consist of two board members, including one journeyman or master electrician member of the board and one public member of the board.  

(b) The adjudication panel shall consist of three board members, including one journeyman or master electrician member of the board and one public member of the board.

(2)  The screening panel will not consider anonymous complaints.